Volume 311 — Minnesota Reports

<bold>Highway traffic regulation — implied-consent law — revocation</bold> <bold>of driver's license for refusal to submit to chemical testing</bold> <bold>— propriety</bold>.

<bold>Workers' compensation — causal relationship between employee's</bold> <bold>death and prior work-related injury — sufficiency of medical</bold> <bold>evidence</bold>.

<bold>Workers' compensation — claim against special compensation</bold> <bold>fund — effect of statutory amendment</bold>.

<bold>Negligence — trial — instructions on res ipsa loquitur —</bold> <bold>when proper</bold>. <block_quote> 1. In order to give a res ipsa loquitur instruction, it must be established that (1) the plaintiff was injured by an apparatus or instrumentality whose nature is such that injury is not ordinarily to be expected in the absence of negligence; (2) at the time of the injury both instrumentality and user were in the exclusive control of the defendant; and (3) the injurious condition or occurrence<page_number>Page 392</page_number> was not due to any voluntary action on the part of the plaintiff. The plaintiff in this case satisfied these requirements.</block_quote> <bold>Same — same — burden of proof — effect of doctrine of res</bold> <bold>ipsa loquitur</bold>. <block_quote> 2. The doctrine of res ipsa loquitur merely creates an inference of negligence and does not have the effect of shifting the burden of proof to the defendant.</block_quote> <bold>Physicians and surgeons — malpractice claim — evidence —</bold> <bold>failure to introduce expert medical testimony</bold>. <block_quote> 3. Under the facts of this case, it was not necessary to introduce expert medical testimony to support plaintiff's malpractice claim.</block_quote>

<bold>Insurance — automobile insurance policy — uninsured-motorist</bold> <bold>coverage — compliance with requirement that lesser limits</bold> <bold>than those provided by statute be designated in writing by</bold> <bold>insured</bold>. <block_quote> Where the statute provided that uninsured motorist limits in an automobile insurance policy shall be equal to those provided for bodily injury liability unless lesser limits are "designated in writing by the insured," the statutory mandate may be complied with only by an expressed and unambiguous selection in writing of such lesser limits.</block_quote>

<bold>Criminal law — conviction of welfare fraud — sufficiency of</bold> <bold>evidence</bold>.

<bold>Criminal law — conviction of attempted burglary — meritless</bold> <bold>claims of error</bold>.

<bold>Dissolution of marriage — division of property — propriety</bold>.

<bold>Workers' compensation — causal relationship between employee's</bold> <bold>injury and disability</bold>.